AMIT AGARWAL Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THIS is an application filed under Section 482 Cr.P.C. whereby the petitioners have sought to quash FIR No.23/2010 under Sections 406/420/498A/120B I.P.C. and Section 4 of Dowry Prohibition Act, under P.S. Singtam, East Sikkim and all other proceedings emanating therefrom.

(2.) THE undisputed facts of the case are that the petitioner No 1 and the respondent No.2 were married on 21.7.2007 after which they lived in their marital home at Sakti Nagar, Delhi. However, after sometime severe marital discord erupted between the two resulting in them separating on 6.3.2009 and the respondent No.2 returning to her parental home at Singtam, East Sikkim. THEy have since been living separately. As expected various proceedings, both criminal and civil, were filed one against the other the details of which we may not go into as being irrelevant for the purpose of disposal of the present proceeding. Suffice it to say that one of such case against the petitioners is FIR No.23/ 2010 under Sections 406/420/498A/120-B l.P.C and Section 4 of Dowry Prohibition Act, registered by Singtam. P.S., East Sikkim.

(3.) AS directed, the parties have submitted their respective reports facts of which need not be referred to as they stand admitted by them. But on the essential aspect there is a conflict. While the counsel for the petitioners seek further time for settlement, it is pleaded on behalf of the respondent No.2 that as an amicable solution does not appear to be a possibility, the matter be heard and disposed off.